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Barbados

The Constitution of Barbados

 

 


L.R.O. 2002 The Constitution of Barbados

THE CONSTITUTION OF BARBADOS1

ARRANGEMENT OF SECTIONS

SECTION

CHAPTER I THE CONSTITUTION

    1. Constitution is supreme law.
    2. CHAPTER II CITIZENSHIP
  1. Persons who become citizens on 30th November 1966.
  2. Persons entitled to be registered as citizens.

3A. Persons also entitled to be registered as citizens.

  1. Persons born in Barbados after 29th November 1966. 4A. Barbadian diplomats, etc. special provisions.
  2. Persons born outside Barbados after 29th November 1966.
  3. Marriage to citizen of Barbados.
  4. Renunciation of citizenship.
  5. Commonwealth citizens.
  6. Powers of Parliament.
  7. Interpretation.

CHAPTER III

PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

  1. Fundamental rights and freedoms of the individual.
  2. Protection of right to life.

S.I. 1966 No. 1455 (U.K.) reprinted in the Appendix to Title II.

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The Constitution of Barbados L.R.O. 2002 2

SECTION

  1. Protection of right to personal liberty.
  2. Protection from slavery and forced labour.
  3. Protection from inhuman treatment.
  4. Protection from deprivation of property.
  5. Protection against arbitrary search or entry.
  6. Provisions to secure protection of law.
  7. Protection of freedom of conscience.
  8. Protection of freedom of expression.
  9. Protection of freedom of assembly and association.
  10. Protection of freedom of movement.
  11. Protection from discrimination on grounds of race, etc.
  12. Enforcement of protective provisions.
  13. Time of emergency.
  14. Saving of existing law.
    1. Interpretation.
    2. CHAPTER IV THE GOVERNOR-GENERAL
  15. Establishment of office of Governor-General.
  16. Acting Governor-General.
  17. Deputy to Governor-General.
  18. Personal staff of Governor-General.
  19. Exercise of Governor-General's functions.
  20. Public Seal.
  21. Oaths to be taken by Governor-General.

2A L.R.O. 2003 The Constitution of Barbados

SECTION

CHAPTER V
PARLIAMENT
PART 1

Composition of Parliament

  1. Establishment of Parliament.
  2. Senate.
  3. Qualifications for membership of Senate.
  4. Disqualifications for membership of Senate.
  5. Tenure of seats of Senators.
  6. President and Deputy President of Senate.
  7. House of Assembly.
    41A. Electoral and Boundaries Commission.
    41B. Staff of Commission.
    41C. Functions and autonomy of Commission.
    41D. Procedure for review of constituency boundaries.
    41E. Protection of Electoral and Boundaries Commission from legal

proceedings.

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L.R.O. 2003 The Constitution of Barbados

SECTION

  1. Electoral law.
  2. Qualifications for membership of Assembly.
  3. Disqualifications for membership of Assembly.
  4. Tenure of seats of members of Assembly.
  5. Determination of questions of membership of Senate and Assembly.
  6. Filling of casual vacancies in Senate and Assembly.
    PART 2

Powers and Procedure of Parliament

  1. Power to make laws.
  2. Alteration of this Constitution.
  3. Regulation of procedure in Parliament.
  4. Presiding in Senate.
  5. Quorum of Senate.
  6. Voting in Senate.
  7. Introduction of Bills, etc.
  8. Restriction on powers of Senate as to Money Bills.
  9. Restriction on powers of Senate as to Bills other than Money Bills.
  10. Provisions relating to sections 54, 55 and 56.
  11. Assent to Bills.
  12. Oath of allegiance.

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The Constitution of Barbados L.R.O. 2003

SECTION

PART 3

Summoning, Prorogation and Dissolution

  1. Sessions of Parliament.
  2. Prorogation and dissolution of Parliament.
    1. General election and appointment of Senators.
    2. CHAPTER VI EXECUTIVE POWERS
  3. Executive authority of Barbados.
  4. Cabinet.
  5. Appointment of Ministers.
  6. Tenure of office of Ministers.
  7. Performance of Prime Minister’s functions in certain events.
  8. Temporary Ministers.
  9. Oaths to be taken by Ministers.
  10. Presiding in Cabinet.
  11. Governor-General to be informed concerning matters of government.
  12. Assignment of responsibilities to Ministers.
  13. Parliamentary Secretaries.
  14. Leader of the Opposition.
  15. Certain vacancies in office of Leader of Opposition.
  16. Privy Council.
  17. Proceedings of Privy Council.

The Constitution of Barbados

SECTION

  1. Prerogative of mercy.
  2. Establishment of office and functions of Director of Public Prosecutions. 79A. Attorney-General may give directions to Director of Public Prosecutions in the case of certain offences. CHAPTER VII

THE JUDICATURE
PART 1

The Caribbean Court of Justice, the Supreme Court and the Magistrate's Courts

79B. Interpretation.
79C. Establishment of Judicature.
79D. The Caribbean Court of Justice.
79E. Constitution of the Caribbean Court of Justice.
79F. Appointment of Judges.
79G. Tenure of office of Judges.
79H. Removal of Judges.
79I. Resignation and retirement of Judges.

  1. Establishment of Supreme Court.
  2. Appointment of Judges.
  3. Acting Judges.
  4. Oaths to be taken by Judges.
  5. Tenure of office of Judges.

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The Constitution of Barbados

SECTION

PART 2

Appeals

  1. Constitution of Court of Appeal.
  2. Other arrangements for appeals.
  3. Appeals relating to fundamental rights and freedoms.
  4. Appeals to the Caribbean Court of Justice in other cases.
    CHAPTER VIII

THE PUBLIC SERVICE
PART 1

The Services Commissions

  1. Establishment and composition of Judicial and Legal Service Commission.
  2. Establishment and composition of Public Service Commission.
  3. Establishment and composition of Police Service Commission.
  4. Procedure of Commissions.
    PART 2

Appointment, removal and discipline of public officers

  1. Appointment, etc., of judicial and legal officers.
  2. Appointment, etc., of public officers.
  3. Delegation of powers under section 94.
  4. Appointment, etc., of members of the Police Force.
  5. Delegation of powers under section 96.
  6. Appeals to Privy Council in disciplinary matters.

6A The Constitution of Barbados

SECTION

98A. Public Service Appeal Board.

  1. Appointment of permanent secretaries and certain other public officers.
  2. Appointment, etc., of principal representatives abroad and subordinate staff. 100A. Appointments on transfer to certain offices.
101. Appointment, etc., of Director of Public Prosecutions.
102. Appointment, etc., of Auditor-General.
PART 3
Pensions
  1. Protection of pension rights.
  2. Grant and withholding of pensions, etc. PART 4

Miscellaneous

  1. Removal from office of certain persons.
    1. Protection of Commissions, etc., from legal proceedings.
    2. CHAPTER IX FINANCE
    107.
    Consolidated Fund.
    108.
    Estimates.
  2. Authorisation of expenditure.
  3. Meeting expenditure from Consolidated Fund.
  4. 111.
    Public debt.
  5. Remuneration of Governor-General and certain other officers.

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The Constitution of Barbados 6B

ECTION

112A. Remuneration of public officers and soldiers.

113. Establishment of office and functions of Auditor-General.

CHAPTER X MISCELLANEOUS AND INTERPRETATION

  1. Appointments.
  2. Resignations.
  3. Vacation of office on attaining a prescribed age.
  4. Interpretation.

FIRST SCHEDULE OATHS

SECOND SCHEDULE PROVISIONS RELATING TO CERTAIN TRIBUNALS

THIRD SCHEDULE RULES RELATING TO THE CONSTITUENCIES

The Constitution of Barbados

THE CONSTITUTION OF BARBADOS

Whereas the love of free institutions and of independence has 1974-34. always strongly characterised the inhabitants of Barbados: 1980-52.

1981-24. 1985/50.

And Whereas the Governor and the said inhabitants settled a

1989-16.

Parliament in the year 1639: 1990-17.1

1992-18.

1995-2.

And Whereas as early as 18th February, 1651 those inhabitants, in

2000-18.

their determination to safeguard the freedom, safety and well-being of

2002-14.

the Island, declared, through their Governor, Lords of the Council and 2002-15. members of the Assembly, their independence of the Commonwealth 2003-10.

2005-9.

of England:

2007-10. 2007-42.

And Whereas the rights and privileges of the said inhabitants were confirmed by articles of agreement, commonly known as the Charter of Barbados, had, made and concluded on 11th January, 1652 by and between the Commissioners of the Right Honourable the Lord Willoughby of Parham, Governor, of the one part, and the Commissioners on behalf of the Commonwealth of England, of the other part, in order to the rendition to the Commonwealth of England of the said Island of Barbados:

And Whereas with the broadening down of freedom the people of Barbados have ever since then not only successfully resisted any attempt to impugn or diminish those rights and privileges so confirmed, but have consistently enlarged and extended them:

Now, therefore, the people of Barbados

(a) proclaim that they are a sovereign nation founded upon
principles that acknowledge the supremacy of God, the
dignity of the human person, their unshakeable faith in
fundamental human rights and freedoms and the position of
the family in a society of free men and free institutions;

1 Section 10 of Act 1990-17 has been incorporated as section 9 of the Supreme Court of Judicature Act, Cap. 117A.

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The Constitution of Barbados

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(b)
affirm their belief that men and institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of law;
(c)
declare their intention to establish and maintain a society in which all persons may, to the full extent of their capacity, play a due part in the institutions of the national life;
(d)
resolve that the operation of the economic system shall promote the general welfare by the equitable distribution of the material resources of the community, by the human conditions under which all men shall labour and by the undeviating recognition of ability, integrity and merit;
(e)
desire that the following provisions shall have effect as the Constitution of Barbados—

CHAPTER I

THE CONSTITUTION

Constitution 1. This Constitution is the supreme law of Barbados and, subject

is supreme

to the provisions of this Constitution, if any other law is inconsistent

law. with this Constitution, this Constitution shall prevail and the other law shall, to the extent of the inconsistency, be void.

CHAPTER II

CITIZENSHIP

Persons who 2. (1) Every person who, having been born in Barbados, is on

become

29th November, 1966 a citizen of the United Kingdom and Colonies

citizens on

30th shall become a citizen of Barbados on 30th November, 1966.

November,

1966. (2) Every person who, having been born outside Barbados, is on 29th November, 1966 a citizen of the United Kingdom and Colonies shall, if his father becomes or would but for his death have become a citizen of Barbados in accordance with the provisions of subsection (1), become a citizen of Barbados on 30th November, 1966.

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s.3

(3)
Any person who on 29th November 1966 is a citizen of the United Kingdom and Colonies,
(a)
having become such a citizen under the British Nationality Act
19481 by virtue of his having been naturalised in Barbados as a
British subject before that Act came into force; or
(b)
having become such a citizen by virtue of his having been
naturalised or registered in Barbados under that Act,

shall become a citizen of Barbados on 30th November 1966.

3. (1) Any woman who on 29th November is or has been Persons

entitled to

married to a person—

be registered as citizens.

(a)
who becomes a citizen of Barbados by virtue of section 2; or
(b)
who, having died before 30th November 1966, would but for
his death have become a citizen of Barbados by virtue of that
section,

shall be entitled, upon making application, and, if she is a British protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of Barbados.

(2)
Any person who is a Commonwealth citizen (otherwise than by virtue of being a citizen of Barbados) and who—
(a)
has been ordinarily resident in Barbados continuously for a
period of seven years or more at any time before 30th
November 1966; and
(b)
has not, since such period of residence in Barbados and
before that date, been ordinarily resident outside Barbados
continuously for a period of seven years or more,

shall be entitled, upon making application, to be registered as a citizen 1974-34. of Barbados.

11948 c.56 of the United Kingdom Parliament.

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s.3A

(3) Any woman who on 29th November 1966 is or has been married to a person who subsequently becomes a citizen of Barbados by registration under subsection (2) shall be entitled, upon making application, and, if she is a British protected person or an alien, upon

1974-34. taking the oath of allegiance, to be registered as a citizen of Barbados.

(4) Any application for registration under this section shall be made in such manner as may be prescribed as respects that application:

Provided that such an application may not be made by a person who has not attained the age of eighteen years and is not a woman who is or has been married, but shall be made on behalf of that person by a parent or guardian of that person.

1974-34. (5) The right to be registered as a citizen of Barbados under this section shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.

Persons also 3A. (1) The following descriptions of person also have the right

entitled to

upon application to be registered as citizens of Barbados, namely—

be registered as

citizens. (a) a person who has been ordinarily resident in Barbados through

2000-18. out the period of ten years (or such longer period as may be prescribed) immediately preceding that person's application;

(b)
a person who has been married to a citizen of Barbados, and has cohabited with that citizen, for such period as may be prescribed immediately preceding that person's application.
(2)
A person who has a right to be registered under paragraph (b) of subsection (1) by virtue of marriage to a spouse who is a citizen of Barbados does not lose that right if the spouse dies before the expiry of the period provided for by or under that paragraph.
(3)
The dissolution, or the annulment or other avoidance by a court or tribunal of competent jurisdiction, of the marriage of a person who has been registered as a citizen of Barbados under subsection (1)(b) does not affect that person's citizenship of Barbados.

10A L.R.O. 2002 The Constitution of Barbados

(4)
The right to be registered as a citizen of Barbados under this section is subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.
(5)
A person who is under eighteen years of age and is not a woman who is or has been married may not make an application for registration under this section; that person's parent or guardian must make the application.
(6)
An application for registration under this section shall be made in such manner as may be prescribed.
(7)
Before a certificate or other official mark of citizenship of Barbados may be issued to a person pursuant to provision made under this section, that person must have taken the oath of allegiance before an officer of the Immigration Department in that officer's capacity as a Justice of the Peace.

4. Every person born in Barbados after 29th November 1966 shall Persons born

in Barbados

become a citizen of Barbados at the date of his birth:

after 29th November 1966.

Provided that a person shall not become a citizen of Barbados by virtue of this section if at the time of his birth—

(a)
his father possesses such immunity from suit and legal process
as is accorded to an envoy of a foreign sovereign State
accredited to Her Majesty in right of Her Government in
Barbados and neither of his parents is a citizen of Barbados; or
(b)
his father is an enemy alien and the birth occurs in a place then
under occupation by the enemy.

4A. A person born outside Barbados after 29th November 1966 Barbadian

diplomats,

shall be deemed to be a citizen of Barbados within section 4 at the date

etc. special

of his birth if he is born to a citizen of Barbados who at the date of the provisions.

2000-18.

birth is in the service of Barbados in a diplomatic or consular capacity.

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ss.5-6

Persons 5. (1) A person born outside Barbados after 29th November 1966

born outside

shall become a citizen of Barbados at the date of his birth if at that date

Barbados

after 20th his father is a citizen of Barbados otherwise than by virtue of this

November

section or section 2(2).

1966. 2000-18.

2000-18. (2) Subject to subsection (1) and without derogating from, or in any way affecting, that subsection, a person born outside Barbados after 29th November 1966 shall become a citizen of Barbados at the date of his birth if at the date of the birth at least one of his parents is a citizen of Barbados who was born in Barbados.

Marriage to 6. (1) Any woman who, after 29th November 1966, marries a

citizen of

person who is or becomes a citizen of Barbados shall be entitled, upon

Barbados.

making application in such manner as may be prescribed and, if she is a British protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of Barbados.

1974-34. (2) The right to be registered as a citizen of Barbados under this section shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy.

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s.14

shall, within one month of the making of the request, be reviewed by an independent and impartial tribunal established by law and presided over by a person appointed by the Chief Justice from among persons entitled to practise in Barbados as attorneys-at-law; and

(e)
he shall be afforded reasonable facilities to consult and instruct, at his own expense, a legal adviser of his own choice, being a person entitled to practise as aforesaid, and he and any such legal adviser shall be permitted to make written or oral representations or both to the tribunal appointed for the review of his case.
(7)
On any review by a tribunal in pursuance of subsection (6) of the case of any detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by whom it was ordered, but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.
(8)
When any person is detained by virtue of such a law as is referred to in subsection (5), the Prime Minister or a Minister authorised by him shall, not more than thirty days after the commencement of the detention and thereafter not more than thirty days after the making of the previous report, make a report to each House stating the number of persons detained as aforesaid and the number of cases in which the authority that ordered the detention has not acted in accordance with the recommendations of a tribunal appointed in pursuance of subsection (6):

Provided that in reckoning any period of thirty days for the purposes of this subsection no account shall be taken of any period during which Parliament stands prorogued or dissolved.

14. (1) No person shall be held in slavery or servitude.

(2)
No person shall be required to perform forced labour.
(3)
For the purposes of this section, the expression "forced labour" does not include—

1974-34.

Protection from slavery and forced labour.

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The Constitution of Barbados L.R.O. 2002 18

s.15

(a)
any labour required in consequence of the sentence or order of a court;
(b)
any labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;
(c)
any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service; or
(d)
any labour required during any period when Barbados is at war or in the event of any hurricane, earthquake, flood, fire or other like calamity that threatens the life or well-being of the community, to the extent that the requiring of such labour is reasonably justifiable, in the circumstances of any situation arising or existing during that period or as a result of that calamity, for the purpose of dealing with that situation.

Protection 15. (1) No person shall be subjected to torture or to inhuman orfrom degrading punishment or other treatment.

inhuman treatment.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the infliction of any punishment or the administration of any treatment that was lawful in Barbados immediately before 30th November 1966.

2002-14. 1(3) The following shall not be held to be inconsistent with or in contravention of this section:

(a) the imposition of a mandatory sentence of death or the execution of such a sentence;

1By virtue of section 5 of Act 2002-14, this subsection does not apply in relation to a person sentenced to death before 5th September, 2002.

18A L.R.O. 2002 The Constitution of Barbados

(b)
any delay in executing a sentence of death imposed on a
person in respect of a criminal offence under the law of
Barbados of which he has been convicted;
(c)
the holding of any person who is in prison, or otherwise
lawfully detained, pending execution of a sentence of death
imposed on that person, in conditions, or under arrangements,
which immediately before 5th September, 2002
(i)
were prescribed by or under the Prisons Act, as then in Cap. 168. force; or
(ii)
were otherwise practised in Barbados,

in relation to persons so in prison or so detained.

16. (1) No property of any description shall be compulsorily taken Protection

from

possession of, and no interest in or right over property of any descrip

deprivation

tion shall be compulsorily acquired, except by or under the authorityof property. of a written law, and where provision applying to that acquisition or taking of possession is made by a written law—

(a) prescribing the principles on which and the manner in which
compensation therefor is to be determined and given; and

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s.23

entitled to practise in Barbados at attorneys-at-law; and

(e)
he shall be afforded reasonable facilities to consult and instruct, at his own expense, a legal adviser of his own choice, being a person entitled to practise as aforesaid, and he and any such legal adviser shall be permitted to make written or oral representations or both to the tribunal appointed for the review of his case.
(5)
On any review by a tribunal in pursuance of subsection (4) of the case of any person whose freedom of movement has been restricted, the tribunal may make recommendations concerning the necessity or expediency of continuing that restriction to the authority by whom it was ordered, but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.

23. (1) Subject to the provisions of this section—

(a)
no law shall make any provision that is discriminatory either of itself or in its effect; and
(b)
no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.
(2)
In this section the expression "discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, place of origin, political opinions, colour or creed, whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not afforded to persons of another such description.
(3)
Subsection (1)(a) shall not apply to any law so far as that law makes provision—
(a)
with respect to persons who are not citizens of Barbados;

1974-34.

Protection from discrimination on grounds of race, etc.

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(b)
with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
(c)
whereby persons of any such description as is mentioned in subsection (2) may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable;

2002-14. (cc) for the transfer between Barbados and other countries, in accordance with international arrangements entered into by Barbados, of persons detained in prisons, hospitals or other institutions by virtue of orders made in the course of the exercise by courts or tribunals of their criminal jurisdiction;

(d)
for authorising the taking during a period of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period of public emergency; or
(e)
for the imposition of taxation or appropriation of revenue by the Government or by any local government authority for local purposes.
(4)
Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1)(a) to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race, place of origin, political opinion, colour or creed) to be required of any person who is appointed to any office in the public service, any office in a disciplined force, or any office in the service of a local government authority or of a body corporate established by any law for public purposes.
(5)
Subsection (1)(b) shall not apply to anything which is expressly or by necessary implication authorised to be done by any such provision of law as is referred to in subsection (3) or (4).

30A L.R.O. 2002 The Constitution of Barbados

(6)
Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (2) may be subjected to any restriction on the rights and freedoms guaranteed by sections 17, 19, 20, 21 and 22, being such a restriction as is authorised by subsection (2) of section 17, subsection (6) of section 19, subsection (2) of section 20, subsection (2) of section 21 or subsection (3) of section 22, as the case may be.
(7)
Subsection (1)(b) shall not affect any discretion relation to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by this Constitution or any other law.

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31 The Constitution of Barbados

s.24

24. (1) Subject to the provisions of subsection (6), if any person Enforcement

of protective

alleges that any of the provisions of sections 12 to 23 has been, is

provisions.

being or is likely to be contravened in relation to him (or, in the case of a person who is detained, if any other person alleges such a contravention in relation to the detained person), then, without prejudice to any other action with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress.

(2)
The High Court shall have original jurisdiction–
(a)
to hear and determine any application made by any person in
pursuance of subsection (1); and
(b)
to determine any question arising in the case of any person
which is referred to it in pursuance of subsection (3),

and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 12 to 23:

Provided that the High Court shall not exercise its powers under this subsection if it is satisfied that adequate means of redress are or have been available to the person concerned under any other law.

(3)
If in any proceedings in any court subordinate to the High Court any question arises as to the contravention of any of the provisions of sections 12 to 23, the person presiding in that court shall refer the question to the High Court unless, in his opinion, the raising of the question is merely frivolous or vexatious.
(4)
Where any question is referred to the High Court in pursuance of subsection (3), the High Court shall give its decision upon the question and the court in which the question arose shall dispose of the case in accordance with that decision or, if that decision is the subject of an appeal under this Constitution to the Court of Appeal or to the Caribbean Court of Justice, in accordance with the decision of the 2003-10. Court of Appeal or, as the case may be, of the Caribbean Court of Justice.

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The Constitution of Barbados 32

s.25

(5)
Parliament may confer upon the High Court such powers in addition to those conferred by this section as may appear to Parliament to be necessary or desirable for the purpose of enabling the High Court more effectively to exercise the jurisdiction conferred upon it by this section.
(6)
Parliament may make provision with respect to the practice and procedure–
(a)
of the High Court in relation to the jurisdiction and powers conferred upon it by or under this section;
(b)
of the High Court and the Court of Appeal in relation to appeals to the Court of Appeal from decisions of the High Court in the exercise of such jurisdiction;

2005-9. (c) of the Court of Appeal and the Caribbean Court of Justice in relation to appeals to the Caribbean Court of Justice from decisions of the Court of Appeal in the exercise of such jurisdiction; and

2005-9. (d) of subordinate courts in relation to references to the High Court under subsection (3);

including provision with respect to the time within which any application, reference or appeal shall or may be made or brought; and, subject to any provision so made, provision may be made with respect to the matters aforesaid by rules of court.

(7) In this section, “the Court of Appeal” has the same meaning as it has in section 87.

Time of 25. (1) In this Chapter, "period of public emergency" means any

emergency.

period during which–

(a)
Barbados is engaged in any war; or
(b)
there is in force a proclamation by the Governor-General declaring that a state of public emergency exists; or

33 The Constitution of Barbados

s.25

(c)
there is in force a resolution of each House supported by the votes of not less than two-thirds of all the members of that House declaring that democratic institutions in Barbados are threatened by subversion.
(2)
A proclamation made by the Governor-General shall not be effective for the purposes of subsection (1) unless it is declared therein that the Governor-General is satisfied–
(a)
that a public emergency has arisen as a result of the imminence of a state of war between Barbados and another State or as a result of the occurrence of any earthquake, hurricane, flood, fire, outbreak of pestilence, outbreak of infectious disease or other calamity, whether similar to the foregoing or not; or
(b)
that action has been taken or is immediately threatened by any person of such a nature and on so extensive a scale as to be likely to endanger the public safety or to deprive the community, or any substantial portion of the community, of supplies or services essential to life.
(3)
A proclamation made by the Governor-General for the purposes of this section shall, unless previously revoked, remain in force for one month or for such longer period, not exceeding six months, as the House of Assembly may determine by a resolution supported by the votes of a majority of all the members of that House:
Provided that any such proclamation may be extended from time to time for a further period not exceeding six months by resolution passed in like manner, and may be revoked at any time by resolution supported by the votes of a majority of all the members of the House of Assembly.
(4)
A resolution passed by a House for the purposes of subsection (1)(c) may be revoked at any time by a resolution of that House supported by the votes of a majority of all the members thereof.

THE LAWS OF BARBADOS

Printed by the Government Printer, Bay Street, St. Michael by the authority of the Government of Barbados

The Constitution of Barbados

ss.26-27

Saving of 26. (1) Nothing contained in or done under the authority of any

existing law.

written law shall be held to be inconsistent with or in contravention of any provision of sections 12 to 23 to the extent that the law in question–

(a)
is a law (in this section referred to as "an existing law") that was enacted or made before 30th November 1966 and has continued to be part of the law of Barbados at all times since that day;
(b)
repeals and re-enacts an existing law without alteration; or
(c)
alters an existing law and does not thereby render that law inconsistent with any provision of sections 12 to 23 in a manner in which, or to an extent to which, it was not previously so inconsistent.
(2)
In subsection (1)(c), the reference to altering an existing law includes references to repealing it and re-enacting it with modifications or making different provisions in lieu thereof, and to modifying it, and in subsection (1) “written law” includes any instrument having the force of law; and in this subsection and subsection (1) references to the repeal and re-enactment of an existing law shall be construed accordingly.

Interpreta-27. (1) In this Chapter–tion.

"contravention", in relation to any requirement, includes a failure to comply with that requirement;

"court" means any court of law having jurisdiction in Barbados, other than a court established by a disciplinary law, and includes the 2003-10. Caribbean Court of Justice and–

(a) in section 12, section 13, section 14, subsections (2), (3), (5), (8), (9) and (10) of section 18, section 22 and subsection (7) of section 23 includes, in relation to an offence against a disciplinary law, a court established by such a law; and

34A L.R.O. The Constitution of Barbados

(b) in section 13, section 14 and subsection (7) of section 23 includes, in relation to an offence against a disciplinary law, any person or authority empowered to exercise jurisdiction in respect of that offence;

"disciplinary law" means a law regulating the discipline of any disciplined force;

"disciplined force" means–

(a)
a naval, military or air force;
(b)
a police force;
(c)
a prison service; or
(d)
a fire service;

"legal representative", in relation to any court or other tribunal, means a person entitled to practise as an attorney-at-law before such 1974-34. court or tribunal; and

"member", in relation to a disciplined force, includes any person who, under the law regulating the discipline of that force, is subject to that discipline.

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63 L.R.O. 2002 The Constitution of Barbados

ss.76-78

(b) act on the recommendation of the Prime Minister in the
exercise of any function in respect of which it is provided in
this Constitution that the Governor-General shall act on the
recommendation of the Prime Minister after consultation with
the Leader of the Opposition.

76. (1) There shall be a Privy Council for Barbados which shall Privy

Council.

consist of such persons as the Governor-General, after consultation with the Prime Minister, may appoint by instrument under the Public Seal.

(2)
The Privy Council shall have such powers and duties as may be conferred or imposed upon it by this Constitution or any other law.
(3)
The office of a member of the Privy Council appointed under this section shall become vacant
(a)
at the expiration of fifteen years from the date of his appointment or
such shorter period as may be specified in the instrument by which
he was appointed;
(b)
when he attains the age of seventy-five; or
(c)
if his appointment is revoked by the Governor-General, acting after
consultation with the Prime Minister, by instrument under the
Public Seal.

77. (1) The Privy Council shall not be summoned except by the Proceedings

of Privy

authority of the Governor-General acting in his discretion.

Council.

(2)
The Governor-General shall, so far as is practicable, attend and preside at all meetings of the Privy Council.
(3)
Subject to the provisions of this Constitution, the Privy Council may regulate its own procedure.
(4)
The question whether the Privy Council has validly performed any function vested in it by this Constitution shall not be inquired into any court.

78. (1) The Governor-General may, in Her Majesty's name and on Prerogative

of mercy.

Her Majesty's behalf—

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The Constitution of Barbados L.R.O. 2002 64

s.78

(a)
grant to any person convicted of any offence against the law of Barbados a pardon, either free or subject to lawful conditions;
(b)
grant to any person a respite, either indefinite or for a specified period, from the execution of any punishment imposed on that person for such an offence;
(c)
substitute a less severe form of punishment for that imposed on any person for such an offence; or
(d)
remit the whole or part of any punishment imposed on any person for such an offence or any penalty or forfeiture otherwise due to the Crown on account of such an offence.
(2)
The Governor-General shall, in the exercise of the powers conferred on him by subsection (1) or of any power conferred on him by any other law to remit any penalty or forfeiture due to any person other than the Crown, act in accordance with the advice of the Privy Council.
(3)
Where any person has been sentenced to death for an offence against the law of Barbados, the Governor-General shall cause a written report of the case from the trial judge, together with such other information derived from the record of the case or elsewhere as the Governor-General may require, to be forwarded to the Privy Council so that the Privy Council may advise him on the exercise of the powers conferred on him by subsection (1) in relation to that person.
(4)
The power of requiring information conferred upon the Governor-General by subsection (3) shall be exercised by him on the recommendation of the Privy Council or, in any case in which in his judgment the matter is too urgent to admit of such recommendation being obtained by the time within which it may be necessary for him to act, in his discretion.

2002-14. (5) A person has a right to submit directly or through a legal or other representative written representation in relation to the exercise by the Governor-General or the Privy Council of any of their respective functions under this section, but is not entitled to an oral hearing.

64A L.R.O. 2002 The Constitution of Barbados

(6)
The Governor-General, acting in accordance with the advice 2002-14. of the Privy Council, may by instrument under the Public Seal direct that there shall be time-limits within which persons referred to in subsection (1) may appeal to, or consult, any person or body of persons (other than Her Majesty in Council) outside Barbados in relation to the offence in question; and, where a time-limit that applies in the case of a person by reason of such a direction has expired, the Governor-General and the Privy Council may exercise their respective functions under this section in relation to that person, notwithstanding that such an appeal or consultation as aforesaid relating to that person has not been concluded.
(7)
Nothing contained in subsection (6) shall be construed as 2002-14. being inconsistent with the right referred to in paragraph (c) of section 11.

79. (1) There shall be a Director of Public Prosecutions whose Establish

ment of

office shall be a public office.

office and functions of

(2) The Director of Public Prosecutions shall, subject to section Director of 79A, have power in any case in which he considers it desirable so to Public

Prosecu

do—

tions. 1974-34.

(a)
to institute and undertake criminal proceedings against any
person before any court other than a court-martial in respect of
any offence against the law of Barbados;
(b)
to take over and continue any such criminal proceedings that
may have been instituted by any other person or authority; and

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65 The Constitution of Barbados

s.79

(c)
to discontinue at any stage before judgment is delivered any
such criminal proceedings instituted or undertaken by himself
or any other person or authority.
(3)
The powers of the Director of Public Prosecutions under subsection (2) may be exercised by him in person or through other persons acting under and in accordance with his general or special instructions.
(4)
Subject to section 79A, the powers conferred upon the 1974-34. Director of Public Prosecutions by paragraphs (b) and (c) of subsection (2) shall be vested in him to the exclusion of any other person or authority:
Provided that, where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court.
(5)
Subject to section 79A, in the exercise of the powers conferred 1974-34. upon him by this section the Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority.
(6)
For the purposes of this section, any appeal from any determination in any criminal proceedings before any court, or any case stated or question of law reserved for the purposes of any such proceedings, to any other court or to the Caribbean Court of Justice 2003-10. shall be deemed to be part of those proceedings.
(7)
The Director of Public Prosecutions shall not enter upon the duties of his office until he has taken and subscribed the oath of allegiance and an oath for the due execution of his office in the form set out in the First Schedule.

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The Constitution of Barbados

s.79A

Attorney-79A. (1) The Attorney-General may, in the case of any offence

General

to which this section applies, give general or special directions to the

may give

directions to Director of Public Prosecutions as to the exercise of the powers

Director of

conferred upon the Director of Public Prosecutions by section 79, and

Public

the Director of Public Prosecutions shall act in accordance with those

Prosecutions
in the case directions.

of certain
offences.

(2)
This section applies to –
(a)
offences under the laws of Barbados relating to –
(i)
piracy,
(ii)
trading or otherwise dealing in slaves,

1974-34.

(iii) foreign enlistment,

(iv) publications calculated to interfere with the peaceful relations of Barbados with foreign states,

1990-17. (v) high treason, treason, misprision of treason or treachery,

(vi) sedition or seditious meetings,

(vii) official secrets,

(viii) mutiny or incitement to mutiny,

(ix) unlawful oaths; and

(b) any offence under an enactment relating to any right or obligation of Barbados under international law.

The Constitution of Barbados

ss.79B-79C

CHAPTER VII

THE JUDICATURE

PART 1

The Caribbean Court of Justice, the Supreme Court
and the Magistrate’s Courts

79B. For the purposes of this Chapter, Interpreta

tion. 2003-10.

"Agreement" means the Agreement establishing the Caribbean Court of Justice, to which Barbados is a party, and which was signed at Bridgetown, Barbados on 14th February, 2002;

"Court" means the Caribbean Court of Justice;

"Regional Judicial and Legal Services Commission" or "Commission" 2005-9. means the Commission established by Article V of the Agreement;

"Treaty" means the Revised Treaty of Chaguaramas establishing the Caribbean Community, including the CARICOM Single Market and Economy,

(a)
which was signed in the Bahamas on 5th July, 2001; and
(b)
to which Barbados is a party.

79C. There is established a Judicature consisting of

Establish

(a) the Caribbean Court of Justice established by the Agreement; ment of

and Judicature. 2003-10.

(b) the Supreme Court and Magistrate’s Courts,

which shall exercise jurisdiction under this Constitution or any other law.

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The Constitution of Barbados

s.79D

The 79D. (1) The Caribbean Court of Justice

Caribbean Court of

(a) shall have exclusive and compulsory jurisdiction in

Justice. 2003-10.

(i)
disputes between Contracting Parties to the Agreement;
(ii)
disputes between any Contracting Parties to the Agreement and the Community;

(iii) referrals from national courts or tribunals of Contracting Parties to the Agreement;

Cap. 117. (iv) applications by persons in accordance with the Caribbean Court of Justice Act,

concerning the interpretation and application of the Treaty;

(b)
shall have exclusive jurisdiction
(i)
to deliver advisory opinions concerning the interpretation and application of the Treaty upon the request of Contracting Parties or the Community;
(ii)
where there is a dispute as to whether the Court has jurisdiction in a matter, to decide whether the Court has such jurisdiction; and
(c)
shall be the final Court of Appeal from any decision given by the Court of Appeal.

2005-9. (2) Where a court or tribunal is seised of an issue whose resolution involves a question concerning the interpretation or application of the Treaty, the court or tribunal shall, if it considers that a decision on the question is necessary to enable it to deliver judgment, before delivering judgment, refer the question to the Court for determination.

2005-9. (3) The Court shall be a superior court of record and, save as otherwise provided by Parliament, shall have all the powers of such a court.

2005-9. (4) A decision of the Court concerning Barbados shall be enforced in Barbados in like manner as if it were a decision of the High Court.

The Constitution of Barbados

ss.79E-79G

79E. (1) The Judges of the Court shall be the President and not Constitution

of the

more than 9 other Judges, of whom at least 3 shall possess expertise in

Caribbean

international law, including international trade law. Court of

Justice. 2003-10.

(2)
The determination of any matter before the Court shall be 2005-9. determined by a majority of the Judges hearing the case.
(3)
The Court may sit in such divisions as the President directs, 2005-9. and a Judge may sit in every division.

79F. (1) The President of the Court shall be appointed by the Appoint

ment of

qualified majority vote of three-quarters of the Contracting Parties to

Judges.

the Agreement on the recommendation of the Commission. 2003-10.

(2)
A Judge of the Court other than the President shall be appointed 2005-9. by the majority vote of all the members of the Regional Judicial and Legal Services Commission.
(3)
The qualification for appointment of the President and a Judge shall be as prescribed by law.
(4)
A Judge of the Court shall not enter upon the duties of his office until he has taken and subscribed the judicial oath in the form set out in the First Schedule. First

Schedule.

79G . (1) The President of the Court shall hold office for Tenure of

office of Judges.

(a) a term of 7 years; or

2003-10.

(b) until he attains the age of 72 years or sooner resigns or retires,

whichever is the earlier.

(2)
A Judge of the Court shall hold office until he attains the age of 72 years or sooner resigns or retires.
(3)
Notwithstanding that 2005-9.
(a)
he has attained the age at which he is required by the
provisions of this section to vacate his office; or

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The Constitution of Barbados

ss.79H-81

(b) he has retired or resigned before reaching such age,

the President or other Judge of the Court may sit as a Judge for the purpose of delivering judgment or doing any other thing in relation to proceedings which were commenced before him before he attained that age or, as the case may be, retired or resigned.

Removal 79H. A Judge may be removed from office only for inability to

of Judges.

perform the functions of his office, whether arising from illness or any

2003-10.

other cause or for misbehaviour, and shall not be so removed except in accordance with such provisions as are prescribed by law.

Resignation 79I. The resignation or retirement of a Judge shall be inand accordance with provision prescribed by law.

retirement of Judges. 2003-10.

Establish-80. (1) The Supreme Court shall consist of the Court of Appeal

ment of

and the High Court, and shall have such jurisdiction, powers and

Supreme

Court. authority as may be conferred upon those courts respectively by this

2003-10.

Constitution or any other law.

2005-9.

1990-17. (2) The Judges of the Supreme Court shall be the Chief Justice and such number of Justices of Appeal and Judges of the High Court as may be prescribed by Parliament.

1990-17. (3) No office of Judge shall be abolished while there is a substantive holder thereof.

(4) The Supreme Court shall be a superior court of record and, save as otherwise provided by Parliament, shall have all the powers of such a court.

Appoint-81. (1) The Chief Justice and other Judges of the Supreme Court

ment of

shall be appointed by the Governor-General, by instrument under the

Judges.

1974-34. Public Seal, on the recommendation of the Prime Minister after

1990-17.

consultation with the Leader of the Opposition.

71 The Constitution of Barbados

s.82

(2) The qualifications for appointment as a Judge shall be such as may be prescribed by any law for the time being in force:

Provided that a person who has been appointed as a Judge may continue in office notwithstanding any subsequent variations in the qualifications so prescribed.

82. (1) If the office of Chief Justice is vacant or if the holder Acting

Judges.

thereof is performing the functions of the office of Governor-General or is for any other reason unable to perform the functions of his office, then, until a person has been appointed to that office and assumed its functions or, as the case may be, until the holder thereof has resumed those functions, they shall be performed by such other person, qualified under section 81(2) for appointment as a Judge, as the 1974-34. Governor-General, acting on the recommendation of the Prime Minister, may appoint to act as Chief Justice by instrument under the Public Seal.

(2)
If the office of a Justice of Appeal or Judge of the High Court 1990-17. is vacant, or if any such Judge is appointed to act as Chief Justice or is for any reason unable to perform the functions of his office, or if the Chief Justice advises the Governor-General that the state of business of the Supreme Court so requires, the Governor-General, acting in accordance with the advice of the Prime Minister, may, by instrument 1974-34. under the Public Seal, appoint a person qualified under section 81(2) for appointment as a Judge to act as a Judge; and any person so appointed shall continue to act until his appointment is revoked by the Governor-General, acting in accordance with the advice of the Prime Minister.
(3)
A person may be appointed under the provisions of this section to act as Chief Justice or other Judge notwithstanding that he has attained the age at which that office is required by section 84(1) to be vacated by the holder thereof.
(4)
Any person so appointed may, notwithstanding that the period of his appointment has expired or his appointment has been revoked, sit as a Judge for the purpose of delivering judgment or doing any other thing in relation to proceedings which were commenced before him while he was acting as such.

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The Constitution of Barbados

ss.83-84

Oaths to be 83. A Judge shall not enter upon the duties of his office until he

taken by

has taken and subscribed the oath of allegiance and the judicial oath in

Judges.

First the form set out in the First Schedule.

Schedule.

Tenure of 84. (1) Subject to the following provisions of this section, a

office of

person holding the office of a Judge shall vacate office when he

Judges.
1990-17. attains,

(a)
in the case of a Judge of the High Court other than the Chief Justice, the age of sixty-five years; and
(b)
in the case of the Chief Justice and a Justice of Appeal, the age of seventy years.

(1A) Notwithstanding subsection (l), the Governor-General, acting on the recommendation of the Prime Minister, may permit

(a)
a Judge of the High Court, other than the Chief Justice, who has attained the age of sixty-five years, or
(b)
the Chief Justice or a Justice of Appeal who has attained the age of seventy years,

to continue in office until he has attained, in the case of a Judge of the High Court such later age, not exceeding sixty-seven years and, in the case of any other Judge, such later age, not exceeding seventy-two years, as may have been agreed between the Governor-General and the Judge of the High Court or other Judge.

(2)
Notwithstanding that he
(a)
has attained the age at which he is required by the provisions of this section to vacate his office; or
(b)
has retired or resigned before reaching such age,

a person may sit as a Judge for the purpose of delivering judgment or doing any other thing in relation to proceedings which were commenced before him before he attained that age or, as the case may be, retired or resigned.

72A The Constitution of Barbados

(3)
A Judge may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of subsection (4).
(4)
A Judge shall be removed from office by the Governor-2003-10. General, by instrument under the Public Seal, if the question of the removal of that Judge from office has, at the request of the Governor-General made in pursuance of subsection (5), been referred by him to the Caribbean Court of Justice and the Court has advised the Governor-General that the Judge ought to be removed from office for inability as aforesaid or for misbehaviour.
(5)
If the Prime Minister (in the case of the Chief Justice) or the Chief Justice after consultation with the Prime Minister (in the case of any other Judge) advises the Governor-General that the question of removing a Judge from office for inability as aforesaid or for misbehaviour ought to be investigated, then
(a)
the Governor-General shall appoint a tribunal, which shall
consist of a Chairman and not less than two other members,
selected by the Governor-General in accordance with the
advice of the Prime Minister (in the case of the Chief Justice)
or of the Chief Justice (in the case of any other Judge) from
among persons who hold or have held office as a judge of a
court having unlimited jurisdiction in civil and criminal
matters in some part of the Commonwealth or a court having
jurisdiction in appeals from any such court;
(b)
that tribunal shall enquire into the matter and report on the facts thereof to the Governor-General and advise the Governor-General whether he should request that the question of the removal of that Judge should be referred by the 2003-10. Governor-General to the Caribbean Court of Justice; and
(c)
if the tribunal so advises, the Governor-General shall request
that the question should be referred accordingly.

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The Constitution of Barbados 72B

(6)
The provisions of the Second Schedule shall apply in relation to tribunals appointed under subsection (5).
(7)
If the question of removing a Judge from office has been referred to a tribunal appointed under subsection (5), the Governor-General, acting in accordance with the advice of the Prime Minister (in case of the Chief Justice) or of the Chief Justice after the Chief Justice has consulted with the Prime Minister (in the case of any other Judge), may suspend the Judge from performing the functions of his office.
(8)
Any such suspension may at any time be revoked by the Governor-General, acting in accordance with the advice of the Prime Minister or the Chief Justice (as the case may be), and shall in any case cease to have effect
(a)
if the tribunal advises the Governor-General that he should not request that the question of the removal of the Judge from

2003-10. office should be referred by the Governor-General to the Caribbean Court of Justice; or

2003-10. (b) the Caribbean Court of Justice advises the Governor-General that the Judge ought not to be removed from office.

(9) The provisions of this section shall be without prejudice to the provisions of section 82(2).

PART 2

Appeals

Constitution 85. (1) Subject to the provisions of subsection (2), the Court of

of Court of

Appeal established by Part 1 of this Chapter shall be constituted by

Appeal.

1990-17. not less than three Judges sitting together.

(2) A Judge shall not sit as a Judge of the Court of Appeal on the hearing of an appeal

72C The Constitution of Barbados

ss.86-87

(a)
from any decision given by himself or any decision given by
any court of which he was sitting as a member; or
(b)
against a conviction or sentence if he was the Judge by or
before whom the appellant was convicted.

86. (1) Notwithstanding anything contained in Part 1 of this Other

arrange-

Chapter, Parliament may make provision –

ments for appeals.

(a)
for implementing arrangements made between the Government
of Barbados and the Government or Governments of any other
part or parts of the Commonwealth relating to the establishment of a court of appeal to be shared by Barbados with that
part or those parts of the Commonwealth, and for the hearing
and determination by such a court of appeals from decisions of
any court in Barbados; or
(b)
for the hearing and determination of appeals from decisions of
any court in Barbados by a court established for any other part
of the Commonwealth.
(2)
A law enacted in pursuance of subsection (1) may provide that the jurisdiction conferred on any such court as is referred to in that subsection shall be to the exclusion, in whole or in part, of the jurisdiction of the Court of Appeal established by Part 1 of this Chapter; and during any period when jurisdiction is so conferred to the exclusion of the whole jurisdiction of the said Court of Appeal, Parliament may suspend the provisions of the said Part 1 establishing that Court.
(3)
In subsection (1), the expression "any court in Barbados" includes the Court of Appeal established by Part 1 of this Chapter.

87. (1) An appeal to the Court of Appeal shall lie as of right from Appeals

relating to

final decisions of the High Court given in exercise of the jurisdiction

fundamental

conferred on the High Court by section 24 (which relates to the rights and

freedoms.

enforcement of fundamental rights and freedoms).

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The Constitution of Barbados 72D

2003-10. (2) An appeal shall lie as of right to the Caribbean Court of Justice from any decision given by the Court of Appeal in any such case.

(3) In this section “the Court of Appeal” means such court as may be vested with jurisdiction to hear appeals from any court in Barbados in pursuance of section 86 or, if there is no such court, the Court of Appeal established by Part 1 of this Chapter.

Appeals to 88. (1) Parliament may provide for an appeal to lie from –

the Caribbean

(a) decisions of the Court of Appeal established by Part 1 of this

Court of

Chapter; or

Justice in other cases.

(b) decisions of any other court in exercise of jurisdiction conferred by a law enacted in pursuance of section 86(1),

2003-10. to the Caribbean Court of Justice, either as of right or with the leave of the said Court of Appeal or other court, as the case may be, in such cases other than those referred to in section 87(2) as may be prescribed by Parliament.

2003-10. (2) Nothing in this Constitution shall affect any right of the Caribbean Court of Justice to grant special leave to appeal from decisions such as are referred to in subsection (1).

2003-10. (3) A decision of the Caribbean Court of Justice is final and shall not be the subject of any appeal or enquiry in any tribunal or other court.

72E L.R.O. 2003 The Constitution of Barbados

CHAPTER VIII

THE PUBLIC SERVICE

PART 1

The Services Commissions

89. (1) There shall be a Judicial and Legal Service Commission Establish

ment and

for Barbados, which shall consist of the following persons–

composition of Judicial

(a)
the Chief Justice, who shall be Chairman; and Legal
(b)
the Chairman of the Public Service Commission or some other Service

Commis

member of the Public Service Commission nominated by the

sion.

Chairman to represent him at any meeting of the Judicial andLegal Service Commission;

(c)
three other members (hereinafter called "the appointed
members") appointed in accordance with the provisions of
subsection (2).
(2)
The appointed members shall be appointed by the Governor-General, by instrument under the Public Seal, acting on therecommendation of the Prime Minister after consultation with the Leader of the Opposition, from among persons who are, or have been, judges of a court having unlimited jurisdiction in civil and criminalmatters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court:

Provided that if, whenever an occasion arises for the appointment of an appointed member, the Governor-General, acting as aforesaid, issatisfied that there is no suitable person who is or has been such ajudge available and willing to be appointed, he may appoint a person who has been entitled to practise in Barbados as an attorney-at-law for1974-34. not less than ten years but is not in active practice as an attorney-atlaw.

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The Constitution of Barbados L.R.O. 2003 72F

(3)
No person shall be qualified to be appointed as a member ofthe Judicial and Legal Service Commission if he is a member of either House or a public officer.
(4)
Subject to the provisions of subsection (5), the office of anappointed member shall become vacant–
(a)
at the expiration of three years from the date of his appointment or at such earlier time as may be specified in the instrument by which he was appointed;
(b)
if he becomes a member of either House or a public officer oris appointed to the office of Chief Justice or Chairman of thePublic Service Commission.
(5)
The provisions of section 105 (which relate to removal from office) shall apply to the office of an appointed member, and theprescribed authority for the purposes of subsection (4) of that sectionshall be the Prime Minister and for the purposes of subsection (6) of that section shall be the Chief Justice.
(6)
If the office of an appointed member is vacant or theholder thereof is for any reason unable to perform thefunctions of his office, the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, may, by instrument under thePublic Seal, appoint a person who is qualified for appointment as an appointed member to act in the office of that member;and any person so appointed shall, subject to the provisions of

79 The Constitution of Barbados

s.97

against Police Force discipline and the punishment that may be imposed for any such offence, and any power to exercise disciplinary control (including any power to remove a person from office) over members of the Police Force conferred by or under the provisions of this Chapter shall be exercised in accordance with any such provision.

97. (1) The Governor-General, acting in accordance with the Delegation

of powers

advice of the Police Service Commission, may by instrument under

under

the Public Seal direct that, to such extent and subject to such section 96. conditions as may be specified in that instrument, the powers, other than the power to remove from office, vested in him by section 96(1) in relation to offices in the Police Force below the rank of Inspector shall (without prejudice to the exercise of such powers by the Governor-General under that section) be exercisable by such one or more members of the Police Service Commission or by such officers in the Police Force not below the rank of Superintendent as may be so specified.

(2)
In any case where an appointment is to be made by virtue of an instrument made under this section and the person to be appointed holds or is acting in any office power to make appointments to which is vested in the Governor-General, acting in accordance with the advice of the Judicial and Legal Service Commission or the Public Service Commission, the person empowered by the said instrument to make the appointment shall consult the Judicial and Legal Service Commission or the Public Service Commission, as the case may be, before making the appointment.
(3)
Where the power to exercise disciplinary control over any member of the Police Force has been exercised by virtue of an instrument made under this section, the member of the Police Force in respect of whom it was so exercised may apply for the case to be referred to the Governor-General, and thereupon the disciplinary action taken shall cease to have effect except in so far as it may have included the suspension of the member from performing the functions of his office and the case shall be referred to the Governor-General accordingly; and, subject to the provisions of section 98, the

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The Constitution of Barbados

ss.98-98A

Governor-General shall then take such action in respect of that member of the Police Force as the Police Service Commission may advise.

Appeals to 98. (1) Before the Governor-General acts in accordance with the

Privy

advice of any Commission established by this Chapter that any public

Council in

disciplinary officer shall be removed from office or that any penalty should be

matters.

imposed on him by way of disciplinary control, he shall inform the officer of that advice, and if the officer then applies for the case to be referred to the Privy Council, the Governor-General shall not act in accordance with that advice but shall refer the case to the Privy Council accordingly:

Provided that the Governor-General, acting in accordance with the advice of the Commission, may nevertheless suspend that officer from performing the functions of his office pending the determination of the reference to the Privy Council.

(2) When a reference is made to the Privy Council under the provisions of subsection (l), the Privy Council shall consider the case and shall advise the Governor-General what action should be taken in respect of the officer, and the Governor-General shall then act in accordance with such advice.

Public 98A. (1) There shall be a Public Service Appeal Board (herein-

Service

after called "the Appeal Board") comprising a Chairman, who shall be

Appeal

Board. a Judge or former Judge, and 2 other members appointed by the

2007-42.

Governor-General after consultation with the Prime Minister and the Leader of the Opposition, to hear and determine appeals from any decisions of

(a)
a Service Commission with respect to discipline of public officers other than that of dismissal; or
(b)
any person to whom powers of a Service Commission have been delegated with respect to discipline.
(2)
One member of the Appeal Board shall be a retired public officer.

80A The Constitution of Barbados

s.98A

(3)
Sections 89(2), 89(3), 89(4), 89(5), 89(6) and 92(1) (which relate to qualifications for appointment, eligibility for public office, the term and tenure of members of Service Commissions and the procedure of Service Commissions) shall apply to members of the Appeal Board as they apply to members of a Service Commission.
(4)
Before entering upon the duties of his office, a member of the Appeal Board shall take and subscribe the oath of office before the Governor-General or a person appointed by the Governor-General for the purpose.
(5)
Notwithstanding subsection (1), nothing in this section shall be regarded as affecting the right of a public officer to have his case referred to the Privy Council in accordance with section 98.
(6)
Where a public officer has had his case determined by the Privy Council under section 98, no further proceedings in the matter may be brought before the Appeal Board.
(7)
The provisions of section 92(3) shall apply to the Appeal Board.
(8)
The Appeal Board, in exercise of its functions under the Constitution, shall not be subject to the direction and control of any other person or authority.
(9)
The Appeal Board may by regulations make provision for regulating
(a)
its own procedure; and
(b)
the procedure in respect of appeals under this Constitution.
(10)
The Appeal Board may, where it considers it necessary that further evidence be adduced,
(a)
order such evidence to be adduced either before the Appeal Board or by affidavit; or
(b)
refer the matter back to the relevant Service Commission to take such evidence and

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The Constitution of Barbados 80B

(i)
to adjudicate upon the matter afresh; or
(ii)
to report for the information of the Appeal Board specific findings of fact.
(11)
Where a matter is referred to a Service Commission under paragraph (b) of subsection (10), the matter, so far as may be practicable or necessary, shall be dealt with as if it were being heard at first instance.
(12)
Upon the conclusion of the hearing of an appeal under this section, the Appeal Board may
(a)
affirm, modify or amend the decision appealed against;
(b)
set aside the decision; or
(c)
substitute any other decision which the Service Commission could have made.
(13)
Every decision of the Appeal Board shall require the concurrence of the majority of its members.
(14)
The Appeal Board may by regulation or otherwise confer powers and impose duties on any public officer or any authority of the Government for the purpose of the exercise of the functions of the Appeal Board.

Appoint-99. (1) Notwithstanding anything contained in the preceding

ment of

provisions of this Chapter–

permanent secretaries

(a) except as provided in paragraph (b), power to make appoint-

and certain

other ments to the offices to which this section applies is hereby

public

vested in the Governor-General, acting on the recommenda

officers.

tion of the appropriate Service Commission made after that Commission has consulted the Prime Minister; and

(b) power to make appointments to the office of a permanent secretary on transfer from another such office carrying the same salary is hereby vested in the Governor-General, acting on the recommendation of the Prime Minister.

1974-34. (2) This section applies to the offices of Solicitor-General,

The Constitution of Barbados

(3)
The officer shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under this section and the tribunal has advised the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehaviour.
(4)
If the prescribed authority advises the Governor-General that the question of removing the officer from office under this section ought to be investigated, then–
(a)
the Governor-General shall appoint a tribunal which shall consist of a Chairman and not less than two other members, selected by the Governor-General acting in accordance with the advice of the Chief Justice, from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court or have been entitled to practise in Barbados as attorneys-at-law for not less than ten years; and 1974-34.
(b)
that tribunal shall enquire into the matter and report on the
facts thereof to the Governor-General and advise the
Governor-General whether the officer ought to be removed
from office for inability as aforesaid or for misbehaviour.
(5)
The provisions of the Second Schedule shall apply to tribunals Second

Schedule.

appointed under this section.

(6) If the question of removing the officer from office has been referred to a tribunal under this section, the Governor-General, acting in accordance with the advice of the prescribed authority, may suspend the officer from performing the functions of his office, and any such suspension may at any time be revoked by the Governor-General, acting as aforesaid, and shall in any case cease to have effect if the tribunal advises the Governor-General that the officer should not be removed from office.

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The Constitution of Barbados

ss.106-109

Protection 106. The question whether–of Commis

sions, etc., (a) any Commission established by this Chapter has validly

from legal

proceedings. performed any function vested in it by or under this Chapter;

(b)
any person has validly performed any function delegated to him in pursuance of the provisions of section 95 or 97, as the case may be; or
(c)
any member of such a Commission or any other person or authority has validly performed any other function in relation to the work of the Commission or in relation to any such function as is referred to in paragraph (b),

shall not be enquired into in any court.

CHAPTER IX

FINANCE

Consoli-107. There shall be in and for Barbados a Consolidated Fund, to

dated Fund.

which, subject to the provisions of any law for the time being in force 2007-10. in Barbados, shall be credited all revenues of Barbados.

Estimates. 108. (1) The Minister responsible for Finance shall, before the end of each financial year, cause to be prepared annual estimates of revenue and expenditure for public services during the succeeding financial year, which shall be laid before the House of Assembly.

(2) The estimates of expenditure shall show separately the sums required to meet statutory expenditure (as defined in section 109(7))

2007-10. and the sums required to meet other expenditure proposed to be charged to the Consolidated Fund.

Authorisa-109. (1) The Minister responsible for Finance shall, in respect of

tion of

each financial year, at the earliest convenient moment before the

expenditure.

commencement of that financial year, introduce in the House of Assembly an Appropriation Bill containing, under appropriate heads

The Constitution of Barbados

for the several services required, the estimated aggregate sums which are proposed to be expended (otherwise than by way of statutory expenditure) during that financial year.

(2)
Subject to subsections (4) and (6), the sums voted on the Estimates by the House of Assembly in respect of a financial year shall represent the limit and extent of the public expenditure for that financial year.
(3)
Where any sum is voted on the estimates by the House of Assembly in respect of a financial year and at the end of that year there is an unexpended balance of that sum, the unexpended balance shall lapse.
(4)
The Minister responsible for Finance may, in case of necessity, from time to time cause to be prepared supplementary estimates of expenditure which shall be laid before and voted on by the House of Assembly.
(5)
In respect of all supplementary expenditure voted on by the House of Assembly in pursuance of subsection (4), the Minister responsible for Finance may, at any time before the end of the financial year, introduce into the House of Assembly a Supplementary Appropriation Bill containing, under appropriate heads, the aggregate sums so voted, and shall, as soon as possible after the end of each financial year, introduce into the House of Assembly a final Appropriation Bill containing any such sums which have not yet been included in any Appropriation Bill.
(6)
That part of any estimate of expenditure laid before the House of Assembly which shows statutory expenditure shall not be voted on by the House, and such expenditure shall, without further authority of Parliament, be charged to the Consolidated Fund. 2007-10.
(7)
For the purposes of this section and section 108
(a)
"financial year" means any period of twelve months beginning
on 1st April in any year or such other date as Parliament may
prescribe; and

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The Constitution of Barbados

ss.110-112

(b) "statutory expenditure" means expenditure charged on the Consolidated Fund or on the general revenues and assets of Barbados by any provision of this Constitution or of any other law for the time being in force in Barbados.

Meeting 110. No sum shall be charged to the Consolidated Fund except

expenditure

upon the authority of a warrant under the hand of the Minister

from

Consoli-responsible for Finance or under the hand of some person authorised

dated Fund.

by him in writing; and sums so issued shall be disposed of for meeting

2007-10.

public expenditure authorised under section 109 or, in the case of statutory expenditure, for the purposes appointed by law.

Public debt. 111. The public debt of Barbados, including the interest on that debt, sinking fund payments and redemption monies in respect of that debt and the costs, charges and expenses incidental to the management of that debt, is hereby charged on the Consolidated Fund. .

Remunera-112. (1) There shall be paid to the holders of the offices to which

tion of

this section applies such salaries as may be prescribed by or under any

Governor-General and law. certain other

officers. (2) The salaries payable to the holders of the offices to which this section applies are hereby charged on the Consolidated Fund.

(3)
The salary and allowances payable to the holder of any office to which this section applies and his other terms of service shall not be altered to his disadvantage after his appointment and, for the purposes of this subsection, in so far as the terms of service of any person depend upon the option of that person, the terms for which he opts shall be taken to be more advantageous to him than any other terms for which he might have opted.
(4)
This section applies to the offices of Governor-General, Judges, Director of Public Prosecutions, Auditor-General, appointed members of the Judicial and Legal Service Commission and members of the Public Service Commission and the Police Service Commission.

The Constitution of Barbados

ss.112A-113

112A. The salaries and allowances payable to the holders of Remunera

tion of

offices established under the Civil Establishment Act and the Defence

public

Act shall not be altered to their disadvantage. officers and

soldiers. Cap. 21. Cap. 159. 1995-2.

113. (1) There shall be an Auditor-General, whose office shall Establish

ment of

be a public office.

office and functions of

(2) The accounts of the Supreme Court, the Senate, the House Auditor-

General.

of Assembly and all departments and offices of the Government (including the offices of the Cabinet, the Privy Council, the Judicial and Legal Service Commission, the Public Service Commission and the Police Service Commission and government-controlled entities 2007-10. and statutory authorities, but excluding the department of the Auditor-General) shall, at least once in every year, be audited and reported on by the Auditor-General who, with his subordinate staff, shall at all times be entitled to have access to all books, records, returns and reports relating to such accounts.

(2A) The Auditor-General may on his own initiative carry out 2007-10. examinations into the financial management of Ministries, departments, statutory authorities and government-controlled entities, including the manner in which those Ministries, departments, statutory authorities and government-controlled entities use their resources in discharging their functions as regards the efficiency and effectiveness of the use of those resources.

(3)
The Auditor-General shall submit his reports made under subsections (2) and (2A) to the Speaker (or, if the office of Speaker 2007-10. is vacant or the Speaker is for any reason unable to perform the functions of his office, to the Deputy Speaker), who shall cause them to be laid before the House of Assembly.
(4)
In the exercise of his functions under the provisions of subsections (2), (2A) and (3), the Auditor-General shall not be subject 2007-10. to the direction or control of any other person or authority.

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The Constitution of Barbados

(5)
Repealed by 2007-10.
(6)
Nothing in this section shall prevent the performance by the Auditor-General of–
(a)
such other functions in relation to the accounts of the Government and the accounts of other public authorities and other bodies administering public funds in Barbados as may be prescribed by or under any law for the time being in force in Barbados; or
(b)
such other functions in relation to the supervision and control of expenditure from public funds in Barbados as may be so prescribed.

CHAPTER X

MISCELLANEOUS AND INTERPRETATION

Appoint-114. (1) Where any person has vacated any office established

ments.

by this Constitution (including any office established under section 41(l), 64( 1) and 80(2)) he may, if qualified, again be appointed, elected or otherwise selected to hold that office in accordance with the provisions of this Constitution.

(2)
Where by this Constitution a power is conferred upon any person or authority to make any appointment to any public office, a person may be appointed to that office notwithstanding that some other person may be holding that office when that other person is on leave of absence pending relinquishment of the office; and where two or more persons are holding the same office by reason of an appointment made in pursuance of this subsection, then for the purposes of any function conferred upon the holder of that office the person last appointed shall be deemed to be the sole holder of the office.
(3)
Subsection (2) shall have effect in relation to the office of a Judge as if that office were a public office.

92A The Constitution of Barbados

ss.115-117

115. (1) Any person who is appointed or elected to or otherwise Resigna

tions.

selected for any office established by this Constitution (including any office established under section 41(l), 64(1) or 80(2)) may resign from that office and, save as otherwise provided by section 40(3) or 45(1), shall do so by writing under his hand addressed to the person or authority by whom he was appointed, elected or selected.

(2) The resignation of any person from any such office as aforesaid signified by writing under his hand shall take effect when the writing signifying the resignation is received by the person or authority to whom it is addressed or by any person authorised by that person or authority to receive it or employed to assist that person in the performance of the functions of his office.

116. Where by this Constitution a person is required to vacate an Vacation of

office on

office when he attains an age prescribed by or under the provisions of

attaining a

this Constitution, nothing done by him in the performance of the prescribed

age.

functions of that office shall be invalid by reason only that he has attained the age so prescribed.

117. (1) In this Constitution– Interpretation.

"Act of Parliament" means any law made by Parliament;

"the Commonwealth" means Barbados, any country to which section 8 applies and any dependency of any such country;

"the Consolidated Fund" means the Consolidated Fund established by section 107;

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The Constitution of Barbados

(d)
except as otherwise provided in this Constitution, the office of a Judge. 2007-42.
(8)
References in this Constitution to the power to remove a public officer shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service:

Provided that–

(a)
nothing in this subsection shall be construed as conferring on
any person or authority power to require a Judge or the
Director of Public Prosecutions or the Auditor-General to
retire from the public service; and
(b)
any power conferred by any law to permit a person to retire
from the public service shall, in the case of any public officer
who may be removed from office by some person or authority
other than the Governor-General acting in accordance with the
advice of a Commission established by this Constitution, vest
in the Governor-General acting on the recommendation of the
Public Service Commission.
(9)
Where any power is conferred by this Constitution to make any proclamation or order or to give any directions, the power shall be construed as including a power exercisable in like manner to amend or revoke any such proclamation, order or directions.
(10)
No provision of this Constitution that any person or authority shall not be subject to the direction or control of any other person or authority in exercising any functions under this Constitution shall be construed as precluding a court from exercising jurisdiction in relation to any question whether that person or authority has performed those functions in accordance with this Constitution or any other law.

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The Constitution of Barbados

1974-34. (11) The Interpretation Act as in force on 1st February, 19751 shall

Cap. 1.

apply, with the necessary adaptations, for the purpose of interpreting this Constitution and otherwise in relation thereto as it applies for the purpose of interpreting, and in relation to, an Act of the Legislature of Barbados passed after the commencement of the aforesaid Act.

Sections 34, FIRST SCHEDULE 69,79(7), 83 and 117(1).

Oath of Allegiance

1990-17. 2003-10. I, , do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, Her Heirs and Successors, according to law. So help me God.

Oath for the due execution of the office of Governor-General.

I, , do swear that I will well and truly

serve Her Majesty Queen Elizabeth II, Her Heirs and Successors, in the office of

Governor-General. So help me God.

Oath for the due execution of the office of Prime Minister or other Minister or Parliamentary Secretary.

I, , being appointed Prime Minister/ Minister/Parliamentary Secretary, do swear that I will to the best of my judgment, at all times when so required, freely give my counsel and advice to the Governor-General (or any other person for the time being lawfully performing the functions of that office) for the good management of the public affairs of Barbados, and I do further swear that I will not on any account, at any time whatsoever, disclose the counsel, advice, opinion or vote of any particular Minister or Parliamentary Secretary and that I will not, except with the authority of the Cabinet and to such extent as may be required for the good management of the affairs of Barbados, directly or indirectly reveal the business or proceedings of the Cabinet or the nature or contents of any documents communicated to me as Prime Minister/Minister/

The Constitution of Barbados

Parliamentary Secretary or any matter coming to my knowledge in my capacity as such, and that in all things I will be a true and faithful Prime Minister/Minister/ Parliamentary Secretary. So help me God.

Oath for the due execution of
the office of Director of Public Prosecutions.

I, , do swear that I will well and truly serve Her Majesty Queen Elizabeth II, Her Heirs and Successors, in the office of Director of Public Prosecutions. So help me God.

Judicial Oath

I, , do swear that I will well and truly serve Our Sovereign Lady Queen Elizabeth II, Her Heirs and Successors, in the office of the Chief Justice/Justice of Appeal/Judge of the High Court and I will do right to all manner of people after the laws and usages of Barbados without fear or favour, affection or ill will. So help me God.

Judicial Oath for Judges of the Caribbean Court of Justice

I, , do hereby swear (or solemnly affirm) that I will faithfully exercise the office of President/Judge of the Caribbean Court of Justice without fear or favour, affection or ill will and in accordance with the Code of Judicial Conduct. (So help me God (to be omitted in affirmation)).

SECOND SCHEDULE

PROVISIONS RELATING TO CERTAIN TRlBUNALS

  1. If a member of the tribunal dies or resigns from his office or becomes unable to perform the functions thereof, another person qualified to be appointed as a member of the tribunal may be appointed in his place.
  2. The Governor-General may appoint a secretary to the tribunal to record the proceedings of the tribunal and generally to perform such duties connected with the enquiry as the tribunal may direct.
  3. If the members of the tribunal are equally divided on any question that arises during the proceedings of the tribunal, the chairman of the tribunal shall have and exercise a casting vote.

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1990-17.

2003-10.

Sections 84(6) and 105(5).

The Constitution of Barbados

  1. The tribunal may regulate its own procedure and may make rules for this purpose.
  2. No member of the tribunal shall be liable to any action or suit for anything done by him as a member of the tribunal.
  3. The tribunal shall have the powers of the Supreme Court to summon witnesses, to call for the production of documents and to examine persons appearing before it on oath. All summonses for the attendance of witnesses or the production of documents shall be signed by one of the members of the tribunal, and oaths may be administered by one of the members or by the secretary to the tribunal.
  4. (1) All persons summoned to attend and give evidence or to produce documents at any sitting of the tribunal shall be bound to obey the summons served upon them as fully in all respects as witnesses are bound to obey subpoenas issued from the Supreme Court, and shall be entitled to the like expenses as if they had been summoned at the instance of the Crown to attend the Supreme Court on a criminal trial, if the same shall be allowed by the tribunal, but the tribunal may disallow the whole or any part of such expenses in any case if it thinks fit. The procedure for the payment of such witnesses shall be the same as nearly as may be for the payment of witnesses in the Supreme Court.
(2)
Every person refusing or omitting, without sufficient cause, to attend at the time and place mentioned in the summons served on him, and every person attending, but leaving the enquiry without the permission of the tribunal, or refusing without sufficient cause to answer, or to answer fully and satisfactorily to the best of his knowledge and belief, all questions put to him by or with the concurrence of the tribunal, or refusing or omitting without sufficient cause to produce any documents in his possession or under his control and mentioned or referred to in the summons served on him, and every person who shall at any sitting of the tribunal wilfully insult any member of the tribunal or the secretary or wilfully interrupt the proceedings of the tribunal shall be liable to a penalty not exceeding five hundred dollars to be recovered in a summary manner before any Magistrate.
(3)
A person giving evidence before the tribunal shall not be compellable to criminate himself, and every such person shall, in respect of any evidence given by him before the tribunal, be entitled to all privileges to which a witness giving evidence before the Supreme Court is entitled in respect of evidence given by him before that court.

8. The person to whom the enquiry relates shall be entitled to be represented at the enquiry by a person entitled to practise in Barbados as a barrister or solicitor, and any other person concerned in the enquiry may, by leave of the tribunal, be so represented.

99 L.R.O. 2003 The Constitution of Barbados

  1. The Governor-General may direct the Commissioner of Police to detail constables to attend upon the tribunal to preserve order during the proceedings of the tribunal, and to serve summonses on witnesses, and to perform such ministerial duties as the tribunal may direct.
  2. (1) The Governor-General may direct
(a)
what remuneration, if any, shall be paid to the members of the tribunal and
to the secretary, and to any other persons employed in connection with the
proceedings of the tribunal; and
(b)
payment of any other expenses attendant upon the carrying out of the
enquiry or upon any proceedings for any penalty under this Schedule.
(2)
Any sums directed to be paid under the preceding sub-paragraph are hereby charged on the Consolidated Fund.

11. No proceeding shall be commenced for any penalty under this Schedule except by the direction of the Director of Public Prosecutions or of the tribunal. The tribunal may direct its secretary, or such other person as it may think fit, to commence and prosecute the proceedings for any such penalty.

THIRD SCHEDULE Section 41D(1). 1981-24. 2002-15.

RULES RELATING TO THE CONSTITUENCIES

    1. The electorate shall, so far as practicable, be equal in all constituencies:
    2. Provided that the electorate in any constituency shall, so far as practicable, not exceed 115%, nor be less than 85%, of the total electorate divided by the number of constituencies. 2002-15.
  1. Natural boundaries such as highways and rivers shall be used wherever
    possible.

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1 This Constitution was originally the Schedule to the Barbados Independence Order, 1966,

1 Being effective date of the commencement of certain provisions of the Barbados Constitution (Amendment) Act, 1974 (Act 1974-34).

 

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